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Cake day: June 11th, 2023

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  • Rivalarrival@lemmy.todaytoPolitical Memes@lemmy.worldShit libertarians say.
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    23 hours ago

    Freedom of speech is also a principle. Generally speaking, the operator of a forum should strongly value that principle, and refuse to censor any natural person’s speech.

    You are correct that an individual’s right of free speech isn’t infringed by by private censorship. The right to free speech is infringed by incarceration or other official sanctions. You absolutely should have the right to free speech on that private platform, as you should not be jailed for your statements made on it.

    Note: not all forms of expression qualify as speech. CP and death threats, for example, are forms of violence, not forms of speech.













  • If our aim is to limit unneeded abortions

    The only “unneeded” abortions are those that are forced on the mother against her will. Every other abortion is “needed”. (We have not previously considered forced abortions in this discussion, and I see no compelling reason to delve into them now. I mention them only in demonstration that the mother’s needs are valid, so the only abortion that is “unneeded” is the one that she has determined to be unneeded: an abortion forced upon her without her consent.)

    The second part is dangerous because it could lessen actual amount of help for victims.

    The only “help” our hypothetical victim has requested is an abortion, and she hasn’t requested it from you. She has requested it from someone ready, willing, and able to provide that help. Neither she nor that provider want you to be involved at all. She hasn’t asked for your help; she doesn’t want your help. Why are you choosing to involve yourself? What “help” are you going to force on her against her will?

    About last point: I choose to presume consent

    I’ll stop you right there. The rest of your argument is likely true, but the truthfulness of that second part does not justify the first part. You don’t get to make that “choice”.

    The only time it is reasonable to presume consent is when you are actually presuming innocence. Where an individual is accused of committing a crime by acting without consent, presumption of innocence requires us to presume consent until proven otherwise beyond the shadow of a doubt. As our situation does not involve anyone accused of a criminal act, there is no valid justification to presume consent.

    #You may never infer consent from silence.

    If your personal code of morality only allows you to accept abortion in the case of non-consent, you may presume non-consent. You can satisfy your own morality by accepting the possibility that she was raped, and just doesn’t want to talk about it. You can simply presume she meets your arbitrary criteria; you have no need to actually prove her status to any degree of certainty.



  • Use of the military is delegated to him under article 2, his use of that power cannot be questioned.

    The military is strictly limited on what kind of operations it is allowed to perform. The commander and operators of Seal Team 6 would be prosecuted if they obeyed an unlawful order, even if it came from their Commander in Chief. The president does not have the power to order Seal Team 6 to violate the Posse Comitatus act. The President does not have the power to violate his political rival’s right to due process. A prosecutor can argue that such an egregious order falls well outside the scope of the office, and constitutes an “unofficial act”. The courts are free to rule accordingly.

    The dissents are reading far more into the majority opinion than is actually there. I suggest you read the majority opinion a little more closely.


  • When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune

    In all three of those cases, the question as to whether those actions are required or permitted under the law is put to a judge, and that judge is free to rule that they are not. The trial judge is free to rule that they are “unofficial” acts, and deny that immunity.

    This ruling is terrible for Trump.